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10 Draft
<br /> 1 commercial use or a non-farm use of the property. Those are all, those are special damages
<br /> 2 that would be suffered by anybody in the area, any in the neighborhood, or in the community
<br /> 3 surrounding the property. Therefore, they are not distinct to any one of these neighbors.
<br /> 4 Therefore, they do not have standing under the special damages standard. Then,finally, and
<br /> 5 again, the special damages need to be the result of the decision of the Board. I think, as
<br /> 6 you've already heard, this use is presently operating the property, despite what you've heard,
<br /> 7 and you will hear testimony from the applicants themselves. They do not propose to expand
<br /> 8 or change anything about the use or the day-to-day operations on the property as a result of
<br /> 9 the special-use permit. The special-use permit is solely for the purpose of facilitating a fire
<br /> 10 inspection on the property so that they can change the way they bill insurance through the,
<br /> 11 with the North Carolina Department of Insurance. There will be no expansion. There are no
<br /> 12 proposed additional trips, anything like that, and so again, they have not demonstrated that
<br /> 13 the special damages they allege they will suffer from would be the result of this Board's
<br /> 14 decision tonight. If this Board were to deny the special-use permit request tonight, operations
<br /> 15 would continue tomorrow as they have been for the last nearly 2 years now, so those special
<br /> 16 damages would continue to occur sort of no matter what happens here. And I'll also add the,
<br /> 17 my clients are also subject to both road maintenance agreements that are applicable here, so
<br /> 18 to the extent that you've heard testimony that suggests that they are damaging the roads and
<br /> 19 that they are not roads that are paid for and maintained by other people. That's just not
<br /> 20 accurate.
<br /> 21
<br /> 22 Beth Bronson: No, thank you very much. I appreciate that. Yes, and I think that his kind of gets in a little bit
<br /> 23 too much into what we're trying to discuss right now, and while I can appreciate you pointing
<br /> 24 out that Dodson Knoll Road is not part of the parcel in question, should Dodson Knoll Road
<br /> 25 not exist, there would be no access to this parcel I think is where I'm coming from, in the
<br /> 26 discussion of standing, and I can absolutely appreciate that the applicants' also part of this
<br /> 27 easement agreement for maintaining the road. The fact that everybody else is an agricultural
<br /> 28 residential, and this is operating as a business, is unique and, while no other adjacent
<br /> 29 neighbor that doesn't share Dodson Knoll Road, I guess what I'm trying to say is that if they're
<br /> 30 not on Dodson Knoll Road, I would not be inclined to continue this conversation, and it would
<br /> 31 be easy to say that they don't have standing, but the fact that this road exists, this easement
<br /> 32 exists, there is no access to this property without a private drive, this complicates it quite a bit.
<br /> 33
<br /> 34 Leon Meyers: Any questions for Mr. Hornik? Thank you, sir.
<br /> 35
<br /> 36 James Bryan: And, if I may interrupt, that is reasonable, but that, that is contrary to law.
<br /> 37
<br /> 38 Beth Bronson: It is? Okay.
<br /> 39
<br /> 40 James Bryan: Yes, the easement has to be on the property. I don't know what the easement is. I look on
<br /> 41 GIS, I see lines. It's not for me to look at that, but I will tell you, it has to be an easement on
<br /> 42 the property, so it's subject to this decision. It's the property subject to this decision.
<br /> 43
<br /> 44 Kevin Hornik: If I may?
<br /> 45
<br /> 46 Beth Bronson: Thank you for the clarification, James.
<br /> 47
<br /> 48 Kevin Hornik: This might help kind of as an illustrative point. Hypothetically speaking, if one of the
<br /> 49 neighboring property owners had like a sewer or a septic easement over a portion of this
<br /> 50 property, they would almost certainly have standing because they have an interest created by
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